Rule 40 – Assignment of Cases for Trial, Continuances

May 15, 2021 | Civil Procedure, Civil Procedure common pleas, Delaware

(a) Trial list. The Clerk of the Court under the direction of the Court shall prepare as often as the Court deems necessary a trial list of all cases ready for trial and argument.
(b) Omitted.
(c) Continuance; absence of material witness. Every motion for continuance upon the ground of the absence of, or unavailability of, a material witness shall be filed as soon as said absence or unavailability becomes known and shall be accompanied by an affidavit on behalf of the party applying therefor, setting forth the facts which the party expects to prove by such witness, the efforts made to procure the witness’s attendance, and the date when the absence or unavailability of the witness became known. If it be stipulated by the opposite party that the witness if called would testify as set forth in the affidavit, the Court, in its discretion, may refuse the motion, and under such circumstances, the affidavit may be offered in evidence at the trial.

Del. Civ. R. C.P. 40